February 2017 #152 – Law Journals

Optical Dysfunction: Visual injuries following traumatic brain injury

Claire Howard outlines the ways to spot, address and ensure compensation for clients with visual problems after an accident ‘The exact prevalence of visual problems following traumatic brain injury is unknown but it is probably far higher than people imagine. On a basic level this isn’t surprising when you consider the location of the eyes …

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Consent: Doctor’s orders?

Paul Sankey looks at the recent case law concerning patients receiving care ‘The Supreme Court has rejected a clinician-centred and paternalistic approach to consent replacing paternalism with patient autonomy.’There have been a number of cases dealing with the law of consent to medical treatment over the last two years, the most notable of which is …

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Dependency Claims: An odyssey around Section 3 of the Fatal Accident Act 1976

Jonathan Godfrey examines the replacement of services provided by the deceased pursuant to s3 of the FAA ‘A “free standing” claim for loss of earnings falls outside the scope of s3 of the FAA. It does not refer from a benefit that would have accrued had the deceased survived.’The remit of s3 of the Fatal …

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Costs: Additional problems with proportionality

Paul Jones analyses a recent case in which costs were incurred before and after the introduction of the current proportionality rules ‘In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs.’ If one could somehow …

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Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Case Report: Fletcher v Chancery Lane Supplies Ltd [2016] EWCA Civ 1112

Vicarious liability; wrongful conduct; close connection test; lack of evidence ‘Specific evidence as to the circumstances of the wrongful conduct is needed to establish the close connection test.’ In Cox v Ministry of Justice [2016] and Mohamud v WM Morrison Supermarkets plc [2016] the Supreme Court in effect relaxed the criteria for vicarious liability. The …

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Clinical Negligence: A mixed bag

Tom Semple considers the Department of Health’s latest revision to its proposal to introduce fixed recoverable costs in clinical negligence cases ‘In many respects, the new proposal is a significant victory for claimants. The most obvious being that medium to high-value claims do not look like they will be subjected to fixed costs in the …

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